Published On: Fri, Jan 12th, 2018

Supreme Court ruling: If quota candidates come in merit then admission to be treated as general category

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The Supreme Court has given a decision in the admission  in colleges, if the candidate of the reserved category comes n the merit based on talent then he will get a seat in the general category. Even if they claim admission in the reserved category seat. In such circumstances, the vacant seat of the reserved category will be reserved only for the candidate of the reserved category, not the general category student.

The Bench of Justices Arun Mishra and M. Shantanagoudar gave the order on Thursday on the decision of the Patna High Court. The court said that if the candidate of the reserved category, who has been selected in the general merit but demands the seat only in the reserved category, it will also be considered in the general category. The seat available in the reserved category will be reserved for the reserved category candidate only. This seat will not be available to the general category. The court said that this would not violate the 50 per cent reservation limit. The court said that it has already been decided that 50 per cent of the reservation limit can not be broken in any situation. The court said that it is a matter of admission in colleges and not of service. If the case was of service then the situation would be different.

The court dismissed the appellant’s argument that a reserved category candidate coming in general merit list has reduced a general category seat due to the person coming to the merit, so this seat should be given to the candidate of the general category.

The case was in admission in the post-graduate course of medical colleges in Bihar. Student Tripuri Sharan challenged the decision of the Patna High Court in the Supreme Court.

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